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Keri Morgret: Independent SEM/SEOs: Issues & Answers While building their businesses, many SEMs and SEOs fly by the seat of their pants. While many issues they deal with are identical to any other type of business, there are issues unique to running/growing a search business. For instance, many small to medium sized independent SEO and SEM agencies may not be able to get the errors and omissions insurance offered to larger agencies. Is your business protected against significant Google overspends? And how has the current economic climate affected smaller agencies? How have the valuations of independent SEM/SEOs been impacted? And what about competitive positioning - how can you enhance your company's value for a transaction in 2009? Hear the answers to these questions and more from our panel of experts.

Keri Morgret: She was served with a subpoena, she was a third party of a lawsuit. One of her clients was accused of using a copyrighted image.

2:29

Keri Morgret: She contacted her insurance company. Was good that she wasn't being directly sued.

2:29

Keri Morgret: Answer:

Have E&O Insurance before you need itKnow or have an attorneyIndemnification clause in your contractCopyright clause in contract- Client's responsibility to obtain copyright- All content provided to you must be free and clear to use

2:30

Keri Morgret: Educate your peopleSearch and SEO is still new, as are the implications.Even though most people use search engines, they really don't understand how search works.Costs can be higher if you don't find those advisors and you have to try to do it all yourself.

2:30

Gaurav Sharma: Up next is Paul Foster, CEO Indeed

2:30

2:32

Gaurav Sharma: He is going to provide 5 tips for search marketing

2:32

Gaurav Sharma: 1. Differentiate & Focus

2:33

Gaurav Sharma: Find a niche, pick one thing that you are good at. It can be an industry or something specific like vertical search.

2:33

Gaurav Sharma: Are you SEO or paid search? The broader you are, it is difficult to stand out.

Keri Morgret: She's an insurance broker. She says to make sure that you get advice from someone with a PNC. You need to make sure you're getting advice from someone who is licensed.

2:46

Keri Morgret: There are all types of insurance and lots of crazy acronyms. She's going to look at what we need.

2:47

Keri Morgret: Risk management strategy: Protecting your business from risks is the foundation for success. Take he time to investigate your business needs with your broker, your industry association, and your peers.

The way she explained agents vs. brokers to her 10 year old is Gap vs. Bloomingdales. An agent is like Gap -- means you can only go with Gap clothes. A broker is like Bloomingaldes -- you can go there and get clothes from any manufacturer.

2:47

Keri Morgret: Claims scenarios:Is your business prepared for an interruption?Many other things.

2:49

Keri Morgret: Where to start:

Business Owner's Policy- Offers building ,property, and general liability coverage under one policy.- Protects your company's computers, network, valuable papers, and office furniture.- Provides coverage for damage from fires, electrical surges, business interruption, water damage, and even embezzlement by an employee.

Great thing -- based on revenues. If you don't make a lot of money, you don't pay a lot of money.

2:49

Keri Morgret: Liability Coverage:- Coverage under a BOP policy also meets a landlord's requirement for a tenant to carry business premises liability insurance.Your Umbrella will defend you in the event that your company is sued or named in a lawsuit.

2:50

Keri Morgret: Never guarantee anything over which you lack complete control. You want the big contract and to promise the moon, but accidents happen.

2:52

Keri Morgret: Enhanced Coverage:

Professional Liability.- Errors and Omissions are not covered under a general liability or a BOP policy.- As clients expectations of performance increase, lawsuits against professionals do as well.- Not all insurance brokers are alike, and many may not be able to offer your firm this coverage.

Again, you need to make sure that the insurance brokers know what you do and that you have the correct coverage with your policy.

2:54

Keri Morgret: Insurance also helps you to make a mistake good. You don't screw up a client relationship as bad if you can go back and do something about it.

2:54

Keri Morgret: One size doesn't fit all. Do make sure your policy fits you. There are all kinds of things you can do to the policy.

Gaurav Sharma: If a company starts using a similar name, domain name and/or logo what can you do? -

2:58

Keri Morgret: Copyrights (Creative Expression): Give the owner the right to prevent the copying by others of original works of authorships.

2:59

Gaurav Sharma: Providing example of trademarks - Yahoo, Google, etc.

3:00

Keri Morgret: Patents (Inventions/Ideas): Give the owner the right to exclude others from making, using, selling, or offering to sell an invention that is new and useful.

3:00

Keri Morgret: He won't go into much detail about patents in this session.

3:00

Keri Morgret: Benefits of trademarks:

3:01

Keri Morgret: I didn't know you could use a strong trademark as an asset that could be used as collateral for funding.

3:01

Gaurav Sharma:

Registration of trademarks affords additional rights.

3:01

Keri Morgret: Some trademarks are better than others.

3:03

Keri Morgret: Arbitrary (word with a meaning but not related to the goods such as Apple for computers and fanciful (coined term such as Kodak)

Suggestive: suggests the nature of the goods but does not describe them such as coppertone for sunscreen

Descriptive: Not really capable for protection unless you associate that with your company. protectable upon a showing of acquired distinctiveness or secondary meaning (describes the good such as Fish Fri for fish batter mix)

Generic trademark: not capable of source identification (the common name for the product such as deodorant)

3:03

Keri Morgret: There are few people here in the session, and I think they're missing some good information. Makes me realize how much protection a regular employer can provide.

3:04

Gaurav Sharma:

Why should you apply for a trademark? - Common law rights, state registrations, US wide registration.

3:04

Keri Morgret: What if you want to rebrand and come up with a new name?

3:04

Keri Morgret: The availability of a domain doesn't mean you have a right to use it.

3:04

Gaurav Sharma: A Google search is not a trademark clearance search.

3:06

Gaurav Sharma:

Copyright protects creative works.

3:06

Gaurav Sharma: promotional materiallogossoftwaretraining manual

3:06

Keri Morgret: Big issue is who owns copyright.

3:06

Keri Morgret: General rule: copyright ownership vesets in the author at the moment of creation of the work in a fixed medium. Copyright protection is automatic when work is fixed.

3:07

Gaurav Sharma:

If you hire a consultant to write or create something, he/she will own the copyright, unless he/she transfers it to you.

3:07

Keri Morgret: Create strong trademark, always conduct trademark clearance search, and make sure you own the rights to what non-employees create.

3:08

Keri Morgret: Frank Watson is up next.

3:08

3:09

Keri Morgret: He's got great cartoons in his presentation!

3:09

Keri Morgret: How to work with your customers, things you don't want to do.

3:10

Keri Morgret: He's had a lot of problems with clients that expect way too much. you have to manage these expectations when doing your contract, proposal.

3:10

Gaurav Sharma:

Make the proposals less detailed and generic.

3:10

Keri Morgret: His biggest problem is he'd do a proposal that was really detailed. The client wouldn't take the contract, but would take the proposal and do everything he said..pretty much a free analysis.

3:11

Gaurav Sharma:

Enthusism is the key - Instill into the client.

3:12

Keri Morgret: Make sure you let clients know you can do so much, but you are still at mercy of engines.

3:12

Gaurav Sharma: Set the expectations with clients.

3:13

Keri Morgret: He's not a big fan of Google, and is showing some neat cartoons about them.

3:14

Keri Morgret: He feels like he's a doctor at a party. People find out what he do, start off with "I have this website..."

3:14

Keri Morgret: If you're new into this space, he recommends to pick a niche.